160 Quarry Park Blvd SE, Suite 300 · Calgary, Alberta
160 Quarry Park Blvd SE, Suite 300 · Calgary, Alberta
Home / Family Law / Family Law Agreements
Clear, enforceable cohabitation, prenuptial, postnuptial and separation agreements for Calgary couples who want to decide their own terms, not leave them to a court.
A well-drafted family agreement lets you decide how property, debts and support are handled, instead of relying on default rules.
Alberta has default rules for dividing property and paying support when a relationship ends. A family law agreement lets you replace many of those rules with terms that suit your situation. As a family law agreements lawyer in Calgary, OLEX Legal drafts, reviews and negotiates:
We also provide independent legal advice (ILA) when your partner’s lawyer has prepared the agreement and you need your own review before signing.
A good agreement reduces uncertainty, protects assets such as a business, family inheritance or pre-owned home, and can save significant conflict and cost later. It only works, though, if it is drafted and signed properly. The sections below explain what each agreement does and what makes it hold up.
A cohabitation agreement sets out how unmarried partners will handle property, debts and support if they separate.
Many Calgary couples move in together without realising the legal consequences. After three years of interdependence, or sooner if you have a child together, you may become adult interdependent partners. At that point the Family Property Act and partner support provisions of the Family Law Act can apply to you much as they would to married spouses.
A cohabitation agreement can address:
Signing before or soon after you move in is ideal, because it avoids later disputes about what each person brought to the relationship. Many cohabitation agreements are written to continue as a marriage agreement if you wed.
A prenuptial agreement, often called a marriage contract, decides property and support terms before the wedding.
A prenuptial agreement is signed before marriage and takes effect on the wedding day. It is especially useful if either of you:
Under the Family Property Act, pre-marriage property is already exempt up to its value at the date of marriage, but any growth during the marriage is generally shareable. A prenup can protect that growth, clarify what counts as exempt, address spousal support and prevent disputes over tracing.
Start early. An agreement presented days before the wedding invites arguments about pressure. Give both of you time for negotiation, disclosure and independent advice.
A postnuptial agreement lets married couples set or change property and support terms at any point in the marriage.
It is never too late to put an agreement in place. Couples sign postnuptial agreements for many reasons:
In Alberta, a postnuptial agreement dealing with property must meet the same Family Property Act requirements as a prenup, including the separate acknowledgement before a lawyer described below. Both spouses should give full disclosure, and the terms should be reasonable in light of your situation when signed.
Some couples also use a postnup when they reconcile after a period of separation, to set expectations clearly for the future.
A separation agreement records how you will resolve parenting, support, property and debts after separating.
A separation agreement is the most common way Calgary families settle their affairs without a trial. It can be negotiated directly, through lawyers, or reached in mediation or collaborative law, which OLEX Legal prioritizes wherever safe and appropriate.
A comprehensive agreement usually covers:
A signed agreement is often the basis for an uncontested desk divorce, and its support terms can generally be made enforceable. Well-drafted agreements also anticipate future changes, such as income shifts or a child starting post-secondary school. Learn how this fits into the wider process on our divorce and separation page.
In focus
A property agreement must be in writing and acknowledged by each spouse separately before their own lawyer to be binding.
Alberta has strict formalities for agreements that change how family property is divided. Under the Family Property Act, the agreement must be in writing and signed by both parties. Each person must then acknowledge, apart from the other, before a lawyer who is not acting for the other party, that they:
The lawyer completes a certificate confirming the acknowledgement. The same requirements apply to adult interdependent partners.
If the acknowledgement is missing or done incorrectly, the property terms may not be enforceable under the Act. This is one of the most common flaws we see in do-it-yourself agreements.
Honest financial disclosure and a separate lawyer for each person are the foundation of an agreement that will stand up.
Courts look closely at how an agreement was made. If one party hid assets, understated income or signed without understanding the terms, the agreement may be challenged or set aside, particularly its support provisions. Full disclosure usually means exchanging tax returns, income information, and statements for bank accounts, investments, pensions, businesses and debts, often summarised in a schedule attached to the agreement.
Independent legal advice means each person is advised by their own lawyer. OLEX Legal offers ILA for agreements drafted by the other side. During an ILA meeting we:
Your conversation with us is confidential, and our advice is for your benefit alone.
Parents can agree on parenting and support, but courts always keep the power to protect a child’s best interests.
Agreements about children are encouraged, and most parents settle these issues themselves. However, children’s rights belong to the children, so there are limits.
Clear, child-focused terms still carry weight and are often adopted by courts. For more on how parenting and support are decided, see our children and parenting page.
Proper process protects enforceability, and reviewing the agreement after major life changes keeps it working as intended.
An Alberta court may decline to enforce all or part of an agreement where there was a failure to meet formal requirements, inadequate disclosure, pressure or unfair dealing, or where support terms have become seriously out of step with what the parties anticipated. Careful drafting and a documented process make those arguments much harder to raise.
We recommend reviewing your agreement when:
Amendments should follow the same formalities as the original. Your agreement should also align with your estate plan, so consider updating your will and powers of attorney at the same time.
FAQs
Are prenuptial agreements legally binding in Alberta?
Yes, when properly made. A prenup dealing with property must be in writing, signed, and acknowledged by each spouse separately before their own lawyer under the Family Property Act. Courts also consider disclosure and fairness, especially for support terms. Agreements that skip these steps are much easier to challenge.
Can we use the same lawyer for our agreement?
No. For property terms, the Family Property Act requires each person to acknowledge the agreement before a lawyer who is not acting for the other party. Even beyond the Act, one lawyer cannot properly protect both people's interests. Typically one lawyer drafts and the other provides independent legal advice.
Can a separation agreement be changed later?
Yes, by mutual agreement using the same formalities as the original. Child support and parenting terms can also be varied by a court if circumstances change or a child's best interests require it. Spousal support terms are harder to change, but a court may intervene in some situations.
What is independent legal advice and why does it matter?
Independent legal advice is a confidential review of an agreement by your own lawyer before you sign. It confirms you understand the terms, know your rights and are signing voluntarily. It protects you, and it also protects the agreement from later arguments that you did not know what you were signing.
Do we need a cohabitation agreement if we are not married?
It is worth considering. After three years together, or sooner with a child, you may be adult interdependent partners with property and support rights similar to married spouses. A cohabitation agreement lets you decide those terms yourselves and can protect assets you brought into the relationship.
Can an agreement waive child support?
Not effectively. Child support is the child's right. A court is not bound by terms that fall short of the Child Support Guidelines unless reasonable arrangements have been made for the child. Parents can agree on how support and special expenses are paid, but the amount must be appropriate.
This information is general and is not legal advice. For advice on your situation, book a consultation.
Book a consultation with our Calgary team to draft, review or receive independent advice on your family law agreement.
or call 587-333-4358
